First, the way of patent licensing
Exclusive licensing means that the licensor licenses the patent to only one assignee within the agreed scope, and the licensor may not exploit the patent according to the agreement;
Exclusive license means that the licensor licenses the patent to only one assignee within the agreed license scope, but the licensor can exploit the patent by itself according to the agreement;
General license means that the licensor permits others to exploit the patent within the agreed scope of license, and can exploit the patent by himself.
If there is no agreement or unclear agreement on the way of patent exploitation license, it shall be regarded as a general exploitation license. Where the patent exploitation license contract stipulates that the assignee may sublicense others to exploit the patent, such sublicense shall be regarded as a general exploitation license, unless otherwise agreed by the parties.
Second, the obligations of the parties to the patent license
Obligations of the parties in the patent licensing contract;
(1) Guarantee that he/she is the legal owner of the patented technology provided, that is, the technology for which he/she has filed a patent application and was granted a patent right after being examined by the patent management authority, or the technology obtained by the transferor through a legal transfer contract.
(2) The patented technology provided is complete and correct, which can achieve the agreed purpose and allow the transferee to implement the patented technology within the scope agreed in the contract.
(3) delivering materials related to the implementation of patented technology, and providing technical guidance as agreed.
Main obligations of the transferee:
(1) Where the patented technology is implemented within the scope agreed in the contract, it shall not be implemented by a third party other than the license contract.
(2) Pay the price agreed in the contract.